You've been a good tenant. Paid rent on time for two years. Never had a major dispute. Now you're moving out, and your landlord is holding ₹40,000 of your deposit “for repairs” — including repainting a wall that was already discoloured when you moved in and replacing tiles that were cracked before you signed the agreement.
This happens every day across India. And most tenants don't know they have rights, or how to exercise them.
Normal wear and tear refers to the gradual deterioration of a property from everyday use — things that happen naturally over time regardless of how careful a tenant is. It's the opposite of negligence or deliberate damage.
India doesn't have a single central law governing security deposits and wear and tear — it's governed by a combination of state rent control acts, the Transfer of Property Act, and the terms of your rental agreement.
Most major states — Maharashtra (Maharashtra Rent Control Act 1999), Karnataka (Karnataka Rent Act 2001), Tamil Nadu (Tamil Nadu Buildings (Lease and Rent Control) Act), Delhi (Delhi Rent Control Act) — recognise the distinction between wear and tear and actual damage. The general principle across these acts: tenants are responsible for damage they cause, not for the natural deterioration of the property.
The central government's Model Tenancy Act 2021, which states are encouraged to adopt, specifically addresses deposits. Under this act:
As of 2025, Maharashtra, Uttar Pradesh, Andhra Pradesh, and a few other states have adopted versions of this act. Karnataka, Tamil Nadu, and others still operate under older acts.
On the day you move in — before you put any furniture or belongings inside — photograph every single room. Cover:
Make sure photos are timestamped — most smartphones timestamp automatically in the EXIF data. The timestamp proves the photos were taken on move-in day, not fabricated later. Send them to your landlord via WhatsApp or email immediately; this creates a shared record.
Even better: use RentyBaseto upload move-in photos room by room. They're stored in the rental record, visible to both you and your landlord, and timestamped. Neither party can alter them after upload.
If you notice any damage on move-in day — a crack in the bathroom tile, a stain on the wall, a broken window latch — write it down and get the landlord to acknowledge it in writing. A WhatsApp message works; email is better. This prevents them claiming it was your damage at move-out.
When you're vacating, do a walkthrough of the property together with your landlord. Ask for a written inspection report. If they identify damage, get them to specify each item and the estimated cost. Don't agree to a blanket deduction — insist on itemised billing.
A landlord who wants to dispute your deposit sometimes claims unpaid rent as a reason to withhold funds. Keep every receipt for rent paid. On RentyBase, all payment records are stored permanently and both parties can see them.
If your landlord withholds your deposit without justification, or deducts for normal wear and tear, you have these options:
(For landlords reading this: here's what you can legitimately deduct.)
What you cannot deduct: normal painting between tenancies, cleaning of naturally accumulated dust and grime, replacement of ageing fixtures or appliances that have reached end of life, or repairs for damage that pre-existed the tenancy.
RentyBase was built specifically to handle these disputes before they happen:
When both landlord and tenant know that every action is documented and visible to the other, behaviour changes. Disputes become rare because both parties are accountable from day one.
Upload move-in photos on RentyBase. Timestamped, stored permanently, visible to both landlord and tenant.
Get started freeNormal wear and tear includes: faded paint, minor scuffs on walls from furniture, small nail holes, worn floor finish, faded or frayed carpets, and general ageing of fixtures. These are expected from reasonable everyday use and cannot be charged to the tenant.
No. A landlord can only deduct for actual damage beyond normal wear and tear, unpaid rent, or breach of agreement terms. Keeping the entire deposit without documented justification violates the tenant's rights under state rent control acts.
Take timestamped photos of every room when you move in, document all pre-existing damage in writing with the landlord's acknowledgment, and keep copies of all payment receipts. These records are your strongest protection against wrongful deductions.